Supervisors mum on indictments

Top San Bernardino County leaders remained tight-lipped on Tuesday about the indictment of four people accused of playing roles in a bribery scheme linked to the controversial Colonies settlement.

"It's certainly disconcerting," Supervisor Neil Derry said. "The court system will now have to run its course."

Derry did not answer other questions and said he had not read the indictment.

District Attorney Michael A. Ramos unveiled the indictments implicating Jeff Burum, Rancho Cucamonga developer; Paul Biane, former county supervisor; Jim Erwin, former chief of staff for Derry; and Mark Kirk, former chief of staff of Supervisor Gary Ovitt. The accusations total 29 counts of conspiracy to commit bribery, misappropriation of public funds, improper influence, conflict of interest and other crimes.

Kirk, who works for the county executive officer in intergovernmental relations, was placed on unpaid leave upon his arrest on Tuesday. Kirk, whose charges include bribery and improper influence, is accused of taking a bribe from Burum in exchange for obtaining Ovitt's vote for the $102 million Colonies settlement.

Ovitt would not answer any questions about Kirk but released a prepared statement in support of his former chief of staff.

"I am saddened about what has occurred today involving Mark Kirk," the statement said. "I have known Mark for eight years, I've worked with him during that period of time. He is a person of great intelligence and integrity. Although I don't know the specifics of the charges, and can't comment on the particulars, I know Mark to be a consummate professional, loving father and family man, and all around good person of high morals and character."

Ovitt and Supervisors Josie Gonzales and Brad Mitzelfelt are among the 45 witnesses listed in the indictment. Former County Administrative Officer Mark Uffer and former Supervisor Dennis Hansberger are also listed as witnesses.

"It's a sad day for the county of San Bernardino," said Uffer, who sued the county for unfairly terminating his contract. Uffer had cooperated with prosecutors for this investigation by giving them a list of questions to ask Kirk and Biane.

"Certainly there are things that I was aware of," Uffer said about the details of the indictments. "When you actually see it in print, it's sort of a sobering thing to see. It validates some of the concerns I had."

Hansberger, who along with Gonzales voted against the Colonies settlement, said the allegations are a great disappointment.

"I suppose there's a great deal of truth or it would not have been alleged, but I don't know," he said.

Hansberger said some of the people indicted took part in the bribery scheme without knowing it was criminal.

"They knew it was inappropriate behavior but may not have understood the gravity of the actions they were involved in," Hansberger said. "But some not only understood it but wanted it. And that's unfortunate."

Hansberger said he could not elaborate because he was a witness and could be called back for further testimony.

Mitzelfelt, Gonzales and Rutherford did not return calls on Tuesday seeking comment. County spokesman David Wert said County Executive Officer Greg Devereaux was unavailable for comment.

In a prepared statement, Gonzales said, "I am determined to continue moving forward in a positive manner. The actions of a few cannot define who we are as a whole. Employees here at the county and the general public deserve the highest and best level of leadership we can provide. We must be steadfast in our convictions to lead reform."